Teresa Ortiz v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Teresa Ortiz filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2018, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on November 10, 2016. Ms.

Ortiz claimed the onset of left shoulder pain occurred within 48 hours of vaccination, that she had no prior history of left shoulder pain, and that the residual effects of the injury lasted more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.

Ortiz's injury and denied that it constituted a SIRVA Table Injury. Despite these opposing positions, the parties filed a joint stipulation on January 27, 2020, agreeing to settle the case and award compensation.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.

Pursuant to the stipulation, Ms. Ortiz was awarded a lump sum of $42,000, payable by check to the petitioner.

This amount represents compensation for all damages available under the Vaccine Act. The decision was issued on January 29, 2020.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and respondent was represented by Dhairya Divyakant Jani of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.